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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 1909/2006

of 18 December 2006         

amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), (the basic Regulation),

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PREVIOUS PROCEDURES

B.   INVESTIGATION CONCERNING NEW MODELS OF PROFESSIONAL CAMERA SYSTEMS

1.   Procedure

2.   Model under investigation

3.   Findings

4.   Information of the interested parties and conclusions

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2042/2000 shall be replaced by the Annex hereto.

Article 2

1.   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

2.   This Regulation shall apply to imports of the following model produced and exported to the Community by the following exporting producer:

Hitachi from 11 April 2006               

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 December 2006.

For the Council

The President

J.-E. ENESTAM            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ L 111, 30.4.1994, p. 106. Regulation as last amended by Regulation (EC) No 1754/2004 (OJ L 313, 12.10.2004, p. 1).

(3)OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regulation (EC) No 913/2006 (OJ L 169, 22.6.2006, p. 1).

(4)OJ C 239, 29.9.2005, p. 9.

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ANNEX

                     ‘ANNEX

List of professional camera systems not qualified as television camera systems (broadcast camera systems), which are exempted from the measures

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(*1)  Also called master set-up unit (MSU) or master control panel (MCP).

(1)  Models exempted under the condition that the corresponding triax system or triax-adapter is not sold on the EC market.’         

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            COUNCIL REGULATION (EC) No 1910/2006

of 19 December 2006         

imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the ‘basic Regulation’) (1) and in particular Article 11(2) thereof,

Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee,

Whereas:

1.   PROCEDURE

1.1.   Measures in force

1.2.   Request for a review

1.3.   Parallel investigation

1.4.   Current Investigation

1.4.1.   Procedure

1.4.2.   Investigation period

2.   PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product concerned

2.2.   Like product

3.   LIKELIHOOD OF A CONTINUATION OR RECURRENCE OF DUMPING

3.1.   Preliminary remarks

3.2.   Dumping of imports during the investigation period

3.3.   Development of imports should measures be repealed

3.3.1.   Preliminary remarks

3.3.2.   Relationship between prices in the Community and the exporting country

3.3.3.   Relationship between export prices from Japan to third countries and prices in the exporting country

3.3.4.   Relationship between export prices from Japan to third countries and the price level in the Community

3.3.5.   Unused capacities and stocks

3.4.   Conclusion

4.   DEFINITION OF THE COMMUNITY INDUSTRY

5.   SITUATION ON THE COMMUNITY MARKET

5.1.   Preliminary remarks

5.1.1.   Consumption in the Community market

5.1.2.   Current imports from the country concerned

(i)   Import volume and market share of the imports concerned in the IIP

(ii)   Price evolution and price behaviour of the imports of the product concerned

5.1.3.   Economic situation of the Community industry

(i)   Output, production capacity and capacity utilisation

(ii)   Stocks

(iii)   Sales volume, prices and market share

(iv)   Employment, productivity and wages

(v)   Profits

(vi)   Investments, return on investment and ability to raise capital

(vii)   Cash flow

(viii)   Growth

(ix)   Magnitude of the dumping margin

(x)   Recovery from the effects of past dumping

5.1.4.   Effects of other factors on the situation of the Community industry

(i)   Export activity of the Community industry

(ii)   Other producers in the Community

5.1.5.   Conclusion on the situation of the Community industry

6.   LIKELIHOOD OF RECURRENCE OF INJURY

6.1.   Impact of the projected volume and price effects in case of repeal of measures on the state of the Community industry

6.2.   Conclusion on the likelihood of recurrence of injury

7.   COMMUNITY INTEREST

7.1.   Introduction

7.2.   Interests of the Community industry

7.3.   Interests of the other Community producers

7.4.   Interests of users

7.5.   Interests of upstream industry

7.6.   Competition and trade distorting effects

7.7.   Conclusion on Community interest

8.   ANTI-DUMPING MEASURES

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of television camera systems and parts thereof, falling within CN codes ex 8525 30 90 (TARIC code: 8525309010), ex 8537 10 91 (TARIC code 8537109191), ex 8537 10 99 (TARIC code 8537109991), ex 8529 90 81 (TARIC code 8529908138), ex 8529 90 95 (TARIC code 8529909530), ex 8543 89 97 (TARIC code 8543899715), ex 8528 21 14 (TARIC code 8528211410), ex 8528 21 16 (TARIC code 8528211610) and ex 8528 21 90 (TARIC code 8528219010), originating in Japan.

2.   The television camera systems may consist of a combination of the following parts, imported either together or separately:

3.   The duty shall not apply to:

4.   When the television camera system is imported with the lens the free-at-Community-frontier value used in applying the anti-dumping duty shall be that of the television camera systems without the lens. If this value is not specified on the invoice the importer shall declare the value of the lens at the time of release for free circulation and shall submit appropriate evidence and information on that occasion.

5.   The rate of the anti-dumping duty shall be 96,8 % of the net, free-at-Community-frontier price, before duty (TARIC additional code: 8744) except for the products manufactured by the following companies for which the rate shall be as follows:

6.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 2006.

For the Council

The President

J. KORKEAOJA            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ L 111, 30.4.1994, p. 106. Regulation as last amended by Regulation (EC) No 1754/2004 (OJ L 313, 12.10.2004, p. 1).

(3)OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regulation (EC) No 1909/2006 (OJ L 365, 21.12.2006, p. 1).

(4)OJ C 309, 15.12.2004, p. 2.

(5)OJ C 239, 29.9.2005, p. 9.

(6)OJ C 117, 18.5.2006, p. 8.

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ANNEX

List of professional camera systems not qualified as television camera systems (broadcast camera systems), which are exempted from the measures

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(*1)  Also called master set-up unit (MSU) or master control panel (MCP).

(1)  Models exempted under the condition that the corresponding triax system or triax-adapter is not sold on the EC market.

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            COUNCIL REGULATION (EC) No 1911/2006

of 19 December 2006         

imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating in Algeria, Belarus, Russia and Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation) and in particular Article 11(2) thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Measures in force

2.   Request for a review

3.   Investigation

3.1.   Investigation period

3.2.   Parties concerned by the investigation

3.3.   Sampling

B.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   Product concerned

2.   Like product

C.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

1.   Dumping of imports during the RIP

Algeria

General

Normal value

Export price

Comparison

Dumping margin

2.   Development of imports should measures be repealed

2.1.   Algeria

Spare capacity

Comparison between the Algerian normal value and the prevailing price level in the Community

2.2.   Relationship between the constructed normal value in Belarus, Russia and Ukraine and export prices to third countries

2.2.1.   Belarus and Ukraine: domestic sales prices based on the analogue country

2.2.2.   Belarus

Preliminary remarks

Comparison

2.2.3.   Ukraine

Preliminary remarks

Comparison

2.2.4.   Russia

Preliminary remarks

Comparison

2.3.   Spare capacity in Belarus, Russia and Ukraine

2.4.   Relationship between export prices to third countries and the prevailing price level in the Community

2.5.   Incentive to shift sales from other markets to the Community

Conclusions on the likely export behaviour for Belarus, Russia and Ukraine

3.   Conclusion on the likelihood of continuation or recurrence of dumping

D.   INJURY

1.   Definition of the Community industry

2.   Situation on the Community market

2.1.   Consumption in the Community market

2.2.   Imports from the countries concerned

2.2.1.   Cumulation

2.2.2.   Volume, market share and prices of imports from each of the countries concerned

2.3.   Imports from other countries

3.   Economic situation of the Community industry

3.1.   Preliminary remarks

3.2.   Data relating to the Community industry as a whole

(a)   Production

(b)   Capacity and capacity utilisation rates

(c)   Stocks

(d)   Sales volume

(e)   Market share

(f)   Growth

(g)   Employment

(h)   Productivity

(i)   Magnitude of dumping margin

3.3.   Data relating to the sampled Community producers

(a)   Sales prices and factors affecting domestic prices

(b)   Wages

(c)   Investments

(d)   Profitability and return on investments

(e)   Cash flow and ability to raise capital

3.4.   Conclusion

4.   Likelihood of recurrence of injury

4.1.   General

4.2.   Likely evolution of sales prices: Gas prices and cost of production in the countries concerned

4.3.   Impact on the Community industry of the projected export volumes and price effects in case of repeal of measures

4.3.1.   Preliminary remarks — Conditions of competition

4.3.2.   Exports from the countries concerned

4.3.3.   Impact of spare capacities

Algeria

Belarus

Russia

Ukraine

4.4.   Conclusion on likelihood of recurrence of injury

E.   COMMUNITY INTEREST

1.   Introduction

2.   Interest of the Community industry

3.   Interest of importers

4.   Interest of users

5.   Conclusion on Community interest

F.   ANTI-DUMPING MEASURES

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution falling within CN code 3102 80 00 and originating in Algeria, Belarus, Russia and Ukraine.

2.   The amount of duty in euro per tonne shall be as follows:

3.   In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 (12), the amount of anti-dumping duty, calculated on the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

4.   Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released into free circulation in accordance with Article 2.

5.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

1.   Imports declared for release into free circulation under the following TARIC additional codes which are produced and directly exported (i.e. shipped and invoiced) by the company named below to a company in the Community acting as an importer shall be exempt from the anti-dumping duty imposed by Article 1 provided that such imports are imported in conformity with paragraph 2 of this Article.

2.   The exemption shall be conditional upon presentation to the relevant Member State’s customs services of a valid undertaking invoice issued by the exporting company containing the essential elements listed in the Annex to this Regulation.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 2006.

For the Council

The President

J. KORKEAOJA            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ L 238, 22.9.2000, p. 15. Regulation as amended by Regulation (EC) No 1675/2003 (OJ L 238, 25.9.2003, p. 4).

(3)OJ C 312, 17.12.2004, p. 5.

(4)OJ C 233, 22.9.2005, p. 14.

(5)  Regulation (EC) No 2117/2005, Article 2.

(*1)  Given the given the negligible quantities, these prices cannot be considered reliable.

(6)  Source: ‘Global fertilisers and raw materials supply and supply/demand balances: 2005-2009’, A05/71b, June 2005, International Fertiliser Industry Association.

(*2)  The figures include the first three months of 2003, i.e. the period within which the measures were still in place.

(*3)  The RIP is considered for the sake of comparison with the overall analysis.

(7)              ‘Urea Ammonium Nitrate Solutions from Belarus, Russia, and Ukraine — Investigations Nos. 731-TA-1006, 1008 and 1009 (Final), Publication 3591’, April 2003, US International Trade Commission, p. 25, V-4, V-5.

(8)  Urea: Regulation (EC) No 901/2001 (OJ L 127, 8.5.2001, p. 11). Ammonium nitrate: Regulation (EC) No 658/2002 (OJ L 102, 18.4.2002, p. 1), as last amended by Regulation (EC) No 945/2005 (OJ L 160, 23.6.2005, p. 1).

(9)OJ C 105, 4.5.2006, p. 12.

(10)OJ C 300, 30.11.2005, p. 8.

(11)OJ L 75, 24.3.2000, p. 3.

(12)OJ L 253, 11.10.1993, p. 40.

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ANNEX

Elements to be indicated in the undertaking invoice referred to in Article 2(2):

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            COMMISSION REGULATION (EC) No 1912/2006

of 20 December 2006         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 December 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

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(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

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ANNEX

to Commission Regulation of 20 December 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘            999            ’ stands for ‘of other origin’.

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            COMMISSION REGULATION (EC) No 1913/2006

of 20 December 2006         

laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (1), and in particular Article 9 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

OPERATIVE EVENTS FOR THE EXCHANGE RATE

Article 1

Export refunds and trade with third countries

1.   For refunds fixed in euro and for prices and amounts expressed in euro in Community agricultural legislation to be applied in trade with third countries, the operative event for the exchange rate shall be the acceptance of the customs declaration.

2.   For the purpose of calculating the standard import value of fruit and vegetables referred to in Article 4(1) of Regulation (EC) No 3223/94, in order to determine the entry price referred to in Article 5 of that Regulation, the operative event for the exchange rate for the representative prices used to calculate that standard value and the amount of the reduction referred to in Article 2(3) of Regulation (EC) No 3223/94 shall be the day to which the representative prices relate.

Article 2

Production refunds and specific types of aid

1.   For production refunds fixed in euro by Community legislation, the operative event for the exchange rate shall be:

2.   For processing aid, the operative event for the exchange rate shall be the date on which the products are taken over by the processor, in particular for:

3.   For the aid for dried fodder referred to in Article 4 of Regulation (EC) No 1786/2003 and the amounts linked to that aid, the operative event for the exchange rate shall be the day on which the dried fodder leaves the processing undertaking.

4.   For aid granted by quantity of marketed product or product to be used in a specific way, without prejudice to Articles 4, 5 and 6, the operative event for the exchange rate shall be the first operation which guarantees, after the products are taken over by the operator concerned, the appropriate use of the products in question and entails grant of the aid.

5.   For private storage aid the operative event for the exchange rate shall be the first day of the period in respect of which the aid relating to one and the same contract is granted.

6.   For aid other than that referred to in paragraphs 2, 3, 4 and 5 of this Article and in Articles 4 and 5, the operative event for the exchange rate shall be the deadline for the submission of applications.

Article 3

Direct payments

For the support schemes listed in Annex I to Regulation (EC) No 1782/2003 and the additional amount of aid referred to in Article 12 of that Regulation, the operative event for the exchange rate shall be the date referred to in Article 45(2) of Regulation (EC) No 1290/2005.

Article 4

Prices, premiums and aid in the wine sector

1.   For the premium granted in return for the permanent abandonment of vine-growing referred to in Article 8 of Regulation (EC) No 1493/1999, the operative event for the exchange rate shall be the first day of the wine year in which the application for payment is submitted.

For the prices and aid referred to in Articles 27(9) and (11) and 28(3) and (5) of Regulation (EC) No 1493/1999, the operative event for the exchange rate shall be the first day of the wine year in respect of which the buying-in price is paid.

For the financial allocations for the restructuring and conversion of vineyards provided for in Article 14 of Regulation (EC) No 1493/1999, the operative event of the exchange rate shall be 1 July preceding the financial year for which the financial allocations are fixed.

2.   For the prices, aid and crisis distillation measures referred to in Article 29(2) and (4) and Article 30 of Regulation (EC) No 1493/1999 and for the minimum price referred to in Article 69(3) of Commission Regulation (EC) No 1623/2000 (51), the operative event for the exchange rate shall be the first day of the month in which the first delivery of wine is carried out under a contract.

3.   For the aid referred to in Articles 34(1) and 35(1) of Regulation (EC) No 1493/1999, the operative event for the exchange rate shall be the first day of the month in which the first enrichment or processing of wine products is carried out.

Article 5

Amounts and payments in the milk and milk products sector

1.   For aid for the use of butter, concentrated butter and cream in pastry products and ice-cream as referred to in Article 1(b)(i) of Regulation (EC) No 1898/2005 and for aid for concentrated butter intended for direct consumption in the Community as referred in Article 1(b)(ii) of that Regulation, the operative event for the exchange rate shall be the day on which the final day for submission of the tender falls.

2.   For aid for the purchase of butter by non-profit organisations as referred to Article 1(b)(iii) of Regulation (EC) No 1898/2005, the operative event for the exchange rate shall be the first day of the period for which the voucher provided for in Article 75(1) of that Regulation is valid.

3.   For aid for skimmed milk and skimmed-milk powder for use in feedingstuffs as referred to in Article 7(1) of Regulation (EC) No 2799/1999, the operative event for the exchange rate shall be the day on which the skimmed milk or skimmed-milk powder is processed into compound feedingstuff or in which the skimmed-milk powder is denatured.

4.   For aid granted for supplying certain milk products to pupils as referred to in Article 1 of Regulation (EC) No 2707/2000, the operative event for the exchange rate shall be the first day of the month of the period to which the aid application referred to in Article 11 of that Regulation relates.

5.   For aid for skimmed milk used in the production of casein and caseinates referred to in Article 2(1) of Regulation (EEC) No 2921/90, the operative event for the exchange rate shall be the day of manufacture of the casein and caseinates.

6.   For the payment of the levy referred to in Article 1 of Regulation (EC) No 595/2004, for a given twelve-month period within the meaning of Council Regulation (EC) No 1788/2003, the operative event for the exchange rate shall be 1 April following the period concerned.

7.   For the transport costs referred to in Article 19(2) of Regulation (EC) No 2771/1999 and in Article 11(2) of Regulation (EC) No 214/2001, the operative event for the exchange rate shall be the day on which the valid offer has been received by the competent authority.

Article 6

Minimum price for beet, one-off amount, surplus amount and production charge in the sugar sector

For the minimum price for beet, the one-off amount levied on the additional sugar quotas and on the supplementary isoglucose quotas, and the surplus amount and the production charge referred to in Articles 5, 8(3), 9(3), 15 and 16 respectively of Regulation (EC) No 318/2006, the operative event for the exchange rate shall be 1 October of the marketing year in respect of which the prices and amounts are applied or paid.

Article 7

Amounts of a structural or environmental character and overheads of operational programmes

1.   For the amounts referred to in the Annex to Regulation (EC) No 1698/2005, as well as for the amounts relating to measures approved under Regulation (EC) No 1257/1999, for which the payments to beneficiaries are assured by the rural development programmes approved under Regulation (EC) No 1698/2005, the operative event for the exchange rate shall be 1 January of the year in which the decision to grant the aid is taken.

However, where, under Community rules, payment of the amounts referred to in the first subparagraph is staggered over several years, the operative event for the exchange rate for each of the annual instalments shall be l January of the year for which the instalment in question is paid.

2.   For the lump sums referred to in point 3 of Annex I to Regulation (EC) No 1433/2003, intended to cover overheads specifically related to the operational funds or programmes referred to in Articles 15 and 16 of Regulation (EC) No 2200/96, the operative event for the exchange rate shall be 1 January of the year to which these overheads relate.

Article 8

Other amounts and prices

For prices or amounts other than those referred to in Articles 1 to 7, or amounts linked to those prices, expressed in euro in Community legislation, or expressed in euro by a tendering procedure, the operative event for the exchange rate shall be the day on which one of the following legal acts occurs:

Article 9

Payment of advances

For advances, the operative event for the exchange rate shall be the operative event applicable to the price or amount to which the advance relates, where this event has occurred by the time the advance is paid, or, in other cases, the date of setting in euro of the advance or, failing that, the date of payment of the advance.

The operative event for the exchange rate shall be applied to advances without prejudice to the application to the entire price or amount in question of the operative event for that price or amount.

Article 10

Securities

For securities, the operative event for the exchange rate shall be the date on which the security is lodged.

However, the following exceptions shall apply:

CHAPTER II

EXCHANGE RATE

Article 11

Determination of the exchange rate

When an operative event is fixed under Community legislation, the exchange rate to be used shall be the most recent rate set by the European Central Bank (ECB) prior to the first day of the month in which the operative event occurs.

However, in the following cases, the exchange rate to be used shall be:

CHAPTER III

AMENDING AND FINAL PROVISIONS

Article 12

Amendment of Regulation (EEC) No 2220/85

Article 12 of Regulation (EEC) No 2220/85 is replaced by the following:

‘Article 12

1.   Securities as referred to in Article 1 shall be constituted in euro.

2.   Notwithstanding paragraph 1, where the security is accepted in a Member State outside the euro zone, in national currency, the amount of the security in euro shall be converted into that currency in accordance with Article 10 of Commission Regulation (EC) No 1913/2006 (*1). The undertaking corresponding to the security and any amount withheld in the event of irregularities or breaches shall remain fixed in euro.

Article 13

Amendment of Regulation (EEC) No 3164/89

Article 4 of Regulation (EEC) No 3164/89 is replaced by the following:

‘Article 4

The operative event for the exchange rate applicable to the aid shall be that referred to in Article 2(2) of Commission Regulation (EC) No 1913/2006 (*2).

Article 14

Amendment of Regulation (EEC) No 3444/90

Article 8 of Regulation (EEC) No 3444/90 is replaced by the following:

‘Article 8

The operative events for the exchange rate applicable to the aid and to the securities shall be those referred to in Articles 2(5) and 10 respectively of Commission Regulation (EC) No 1913/2006 (*3).

Article 15

Amendment of Regulation (EEC) No 3446/90

Article 8 of Regulation (EEC) No 3446/90 is replaced by the following:

‘Article 8

The operative events for the exchange rate applicable to the aid and to the securities shall be those referred to in Articles 2(5) and 10 respectively of Commission Regulation (EC) No 1913/2006 (*4).

Article 16

Amendment of Regulation (EEC) No 1722/93

In the second paragraph of Article 6(4) of Regulation (EEC) No 1722/93, the second sentence is replaced by the following:

‘The operative event for the exchange rate applicable to the refund shall be that referred to in Article 2(1) of Commission Regulation (EC) No 1913/2006 (*5).

Article 17

Amendment of Regulation (EEC) No 1858/93

Article 11 of Regulation (EEC) No 1858/93 is replaced by the following:

‘Article 11

The operative event for the exchange rate applicable to the compensatory aid shall be that referred to in Article 2(6) of Commission Regulation (EC) No 1913/2006 (*6).

Article 18

Amendment of Regulation (EEC) No 2825/93

Article 6(2) of Regulation (EEC) No 2825/93 is replaced by the following:

‘2.   The rate of the refund shall be that applicable on the day on which the cereals are placed under control. However, as regards the quantities distilled in each of the fiscal distillation periods following that in which the placing under control occurred, the rate shall be that applicable on the first day of each fiscal distillation period concerned.

The operative event for the exchange rate applicable to the refund shall be that referred to in Article 1(1) of Commission Regulation (EC) No 1913/2006 (*7).

Article 19

Amendment of Regulation (EC) No 1905/94

Article 11(8) of Regulation (EC) No 1905/94 is replaced by the following:

‘8.   For the amounts fixed within the framework of the measures referred to in Articles 3, 4 and 5, the operative event for the exchange rate shall be that referred to in Article 2(6) of Commission Regulation (EC) No 1913/2006 (*8).

Article 20

Amendment of Regulation (EC) No 800/1999

In Article 6, the last subparagraph, and in Article 37(2) of Regulation (EC) No 800/1999, the second subparagraph is replaced by the following:

‘The operative event for the exchange rate applicable to the refund shall be that referred to in Article 1(1) of Commission Regulation (EC) No 1913/2006 (*9).

Article 21

Amendment of Regulation (EC) No 562/2000

Article 19 of Regulation (EC) No 562/2000 is replaced by the following:

‘Article 19

Exchange rate

The operative event for the exchange rate applicable to the amount and to the prices referred to in Article 14 and to the security referred to in Article 12 shall be those referred to in point (a) of Article 8 and in Article 10 respectively of Commission Regulation (EC) No 1913/2006 (*10).

Article 22

Amendment of Regulation (EC) No 907/2000

Article 13 of Regulation (EC) No 907/2000 is replaced by the following:

‘Article 13

The operative events for the exchange rate applicable to the aid and to the securities shall be those referred to in Articles 2(5) and 10 respectively of Commission Regulation (EC) No 1913/2006 (*11).

Article 23

Amendment of Regulation (EC) No 1291/2000

The second subparagraph of Article 15(2) of Regulation (EC) No 1291/2000 is deleted.

Article 24

Amendment of Regulation (EC) No 245/2001

Article 16 of Regulation (EC) No 245/2001 is replaced by the following:

‘Article 16

Operative event

For each period as referred to in Article 6(2), the operative event for the exchange rate for the euro for the purposes of converting the advance and the processing aid for the quantity concerned shall be that referred to in Article 2(6) of Commission Regulation (EC) No 1913/2006 (*12).

Article 25

Amendment of Regulation (EC) No 2236/2003

Article 20 of Regulation (EC) No 2236/2003 is deleted.

Article 26

Amendment of Regulation (EC) No 595/2004

Article 14 of Regulation (EC) No 595/2004 is replaced by the following:

‘Article 14

The operative event for the exchange rate applicable to the payment of the levy referred to in Article 1 of Regulation (EC) No 595/2004 shall be that referred to in Article 5(6) of Commission Regulation (EC) No 1913/2006 (*13).

Article 27

Amendment of Regulation (EC) No 917/2004

Article 8 of Regulation (EC) No 917/2004 is replaced by the following:

‘Article 8

For the amount referred to in Article 3 the operative event for the exchange rate shall be the same as that referred to in the first subparagraph of Article 7(1) of Commission Regulation (EC) No 1913/2006 (*14).

Article 28

Amendment of Regulation (EC) No 382/2005

Article 22 of Regulation (EC) No 382/2005 is deleted.

Article 29

Amendment of Regulation (EC) No 967/2006

Article 20 of Regulation (EC) No 967/2006 is deleted.

Article 30

Repeal

Regulations (EEC) Nos 1003/81, 3749/86, 1713/93, 1718/93, 1756/93, 1759/93, 1785/93, 1793/93 and (EC) Nos 3498/93, 2808/98, 594/2004 and 383/2005 are hereby repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex to this Regulation.

Article 31

Transitional rule in the sugar sector

In the case of the conversion of the minimum price for beet referred to in Article 5 of Regulation (EC) No 318/2006 into national currencies in countries outside the euro zone, the arrangements applying in the 2006/07 marketing year shall be those laid down in Article 1 of Regulation (EC) No 1713/93.

Article 32

Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

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(18)OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation (EC) No 1463/2006 (OJ L 277, 9.10.2006, p. 1).

(19)OJ L 160, 26.6.1999, p. 80.

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(22)OJ L 171, 23.6.2006, p. 35.

(23)OJ L 100, 11.4.1981, p. 11.

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(26)OJ L 159, 1.7.1993, p. 103.

(27)OJ L 161, 2.7.1993, p. 48. Regulation as last amended by Regulation (EC) No 569/1999 (OJ L 70, 17.3.1999, p. 12).

(28)OJ L 161, 2.7.1993, p. 59.

(29)OJ L 163, 6.7.1993, p. 9.

(30)OJ L 163, 6.7.1993, p. 22. Regulation as last amended by Regulation (EC) No 1410/1999 (OJ L 164, 30.6.1999, p. 53).

(31)OJ L 319, 21.12.1993, p. 20.

(32)OJ L 94, 31.3.2004, p. 17.

(33)OJ L 61, 8.3.2005, p. 20.

(34)OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

(35)OJ L 307, 24.10.1989, p. 22. Regulation as amended by Regulation (EEC) No 3587/92 (OJ L 364, 12.12.1992, p. 26).

(36)OJ L 333, 30.11.1990, p. 22. Regulation as last amended by Regulation (EC) No 851/2003 (OJ L 123, 17.5.2003, p. 7).

(37)OJ L 333, 30.11.1990, p. 39. Regulation as last amended by Regulation (EC) No 1641/2001 (OJ L 217, 11.8.2001, p. 3).

(38)OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regulation (EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).

(39)OJ L 170, 13.7.1993, p. 5. Regulation as last amended by Regulation (EC) No 789/2005 (OJ L 132, 26.5.2005, p. 13).

(40)OJ L 258, 16.10.1993, p. 6. Regulation as last amended by Regulation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).

(41)OJ L 194, 29.7.1994, p. 21. Regulation as last amended by Regulation (EC) No 94/2002 (OJ L 17, 19.1.2002, p. 20).

(42)OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(43)OJ L 68, 16.3.2000, p. 22. Regulation as last amended by Regulation (EC) No 1067/2005 (OJ L 174, 7.7.2005, p. 60).

(44)OJ L 105, 3.5.2000, p. 6.

(45)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(46)OJ L 35, 6.2.2001, p. 18. Regulation as last amended by Regulation (EC) No 873/2005 (OJ L 146, 10.6.2005, p. 3).

(47)OJ L 339, 24.12.2003, p. 45. Regulation as amended by Regulation (EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).

(48)OJ L 163, 30.4.2004, p. 83. Regulation as amended by Regulation (EC) No 1484/2004 (OJ L 273, 21.8.2004, p. 5).

(49)OJ L 61, 8.3.2005, p. 4. Regulation as amended by Regulation (EC) No 432/2006 (OJ L 79, 16.3.2006, p. 12).

(50)OJ L 176, 30.6.2006, p. 22.

(51)OJ L 194, 31.7.2000, p. 45.

(52)OJ L 302, 19.10.1992, p. 1.

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ANNEX

CORRELATION TABLE

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            COMMISSION REGULATION (EC) No 1914/2006

of 20 December 2006         

laying down detailed rules for applying Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1405/2006 of 18 September 2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 (1), and in particular Article 14 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation lays down detailed rules for implementing Regulation (EC) No 1405/2006, particularly as regards the programme relating to specific supply arrangements for the smaller Aegean islands as provided for in Chapter II of that Regulation and measures to support local production in those islands as provided for in Chapter III of that Regulation.

Article 2

Definitions

For the purposes of this Regulation:

TITLE II

SPECIFIC SUPPLY ARRANGEMENTS

CHAPTER I

Forecast supply balance

Article 3

Fixing and granting of aid

1.   For the purposes of applying Article 3(2) of Regulation (EC) No 1405/2006, Greece shall determine within the context of the programme the amount of the aid to be granted in order to compensate for remoteness, insularity and distant location, taking into account:

2.   No aid shall be granted for the supply of products in a smaller island which has already benefited from the specific supply arrangements in another smaller island.

CHAPTER II

Aid certificate, payment, register, end user, quality and securities

Article 4

Aid certificate and payment

1.   The aid provided for in Article 4(1) of Regulation (EC) No 1405/2006 shall be paid on presentation of a certificate, hereinafter referred to as an ‘aid certificate’, which has been fully utilised and is accompanied by the purchase invoice and the original or a certified copy of the bill of lading or airway bill.

Presenting an aid certificate to the competent authorities shall be tantamount to applying for the aid. Except in cases of force majeure or climatic aberrations, certificates must be presented within 30 days of the date on which they are charged. Where that time limit is overrun, the aid shall be reduced by 5 % per day of delay.

The aid shall be paid by the competent authorities not later than 90 days after the date on which the utilised aid certificate is lodged, except in one of the following cases:

2.   Aid certificates shall be drawn up on the basis of the specimen of import licence set out in Annex I to Regulation (EC) No 1291/2000.

Articles 8(5), 13, 15, 17, 18, 21, 23, 26, 27, 29 to 33 and 36 to 41 of Regulation (EC) No 1291/2000 shall apply, mutatis mutandis, without prejudice to this Regulation.

3.   The entry ‘aid certificate’ shall be printed or stamped in box 20 (special particulars) of the certificate.

4.   Boxes 7 and 8 of the certificate shall be struck out.

5.   Box 12 of aid certificates shall show the last day of validity.

6.   The amount of the aid applicable shall be that in force on the day on which the application for the aid certificate was lodged.

7.   The competent authority shall issue aid certificates at the request of the parties concerned, subject to the limits of the forecast supply balances.

Article 5

Passing on the advantage to the end-user

1.   For the purposes of applying this Title:

2.   The competent authorities shall take all appropriate steps to check that the advantage is actually passed on to the end-user. In doing so they may assess the trading margins and prices applied by the various operators concerned.

The measures referred to in the first subparagraph, and in particular the control points used to determine whether the aid has been passed on, and any amendments made, shall be notified to the Commission in the context of the report provided for in Article 33.

Article 6

Register of operators

1.   Aid certificates shall be issued only to operators entered in a register kept by the competent authorities (hereinafter referred to as ‘the register’).

2.   Any operator established in the Community may apply to be entered in the register.

Entry in the register shall be subject to the following conditions:

3.   Operators intending to dispatch to the rest of the Community or export to third countries processed or unprocessed products under the conditions referred to in Article 13 shall, at the time of applying for entry in the register or later, declare their intention to engage in this activity and indicate the location of the packaging plant where applicable.

4.   Processors intending to export to third countries or dispatch to the Community processed products under the conditions referred to in Article 13 or 14 shall, at the time of applying for entry in the register or later, declare their intention to engage in this activity, indicate the location of the processing plant and, where applicable, provide analytical lists of the processed products.

Article 7

Documents to be presented by operators and validity of aid certificates

1.   The competent authorities shall accept the aid-certificate application presented by operators for each consignment, provided that they are accompanied by the original or a certified copy of the purchase invoice.

The purchase invoice, bill of lading or airway bill must be drawn up in the name of the applicant.

2.   The period of validity of certificates shall be 45 days. The validity period may be extended by the competent authority in special cases where serious and unforeseeable difficulties affect the transportation time, but may not exceed two months from the date on which the certificate was issued.

Article 8

Presentation of certificates and goods; non-transferability of certificates

1.   For products covered by the specific supply arrangements aid certificates shall be presented to the designated authorities within no more than 15 working days from the date of unloading the goods. The competent authorities may reduce this maximum time.

2.   The goods shall be presented in bulk or in separate lots corresponding to the certificate presented.

3.   Aid certificates shall not be transferable.

Article 9

Quality of products

Only products of sound and fair marketable quality, within the meaning of Article 21(1) of Regulation (EC) No 800/1999, may qualify for the specific supply arrangements.

Conformity of the products with the requirements laid down in the first paragraph shall be examined no later than the stage of first marketing, in accordance with the standards or practices in force in the Community.

Where a product is considered not to meet the requirements laid down in the first paragraph, the entitlement under the specific supply arrangements shall be withdrawn and the corresponding quantity shall be reattributed to the forecast supply balance. Where aid has been granted in accordance with Article 4, the aid shall be reimbursed.

Article 10

Lodging of security

No security shall be required when applying for aid certificates.

However, in special cases and to the extent necessary to ensure the proper application of this Regulation, the competent authorities may require a security to be lodged equal to the amount of the advantage accorded. In such cases, Article 35(1) and (4) of Regulation (EC) No 1291/2000 shall apply.

Article 11

Significant increases in applications for aid certificates

1.   If the state of execution of a forecast supply balance indicates a significant increase in applications for aid certificates for a given product which might jeopardise achievement of one or more of the objectives of the specific supply arrangements, Greece shall take all necessary steps to ensure that the smaller islands are supplied with essential products, taking account of available supply and the requirements of the priority sectors.

2.   In the event of restrictions on the issue of certificates, the competent authorities shall apply to all pending applications a uniform reduction percentage.

Article 12

Fixing a maximum quantity per certificate application

Insofar as is strictly necessary to avoid disturbances on the market in the smaller islands, or the pursuit of speculative actions likely to be prejudicial to the smooth functioning of the specific supply arrangements, the competent authorities shall fix a maximum quantity per certificate application.

The competent authorities shall notify the Commission immediately of the instances in which this Article is applied.

CHAPTER III

Export to third countries and dispatch to the rest of the Community

Article 13

Conditions of export or dispatch

1.   The export and dispatch of unprocessed products which have benefited from the specific supply arrangements, or packaged or processed products containing products which have benefited from the specific supply arrangements, shall be subject to the requirements laid down in paragraphs 2 to 3.

2.   Quantities of products which have benefited from aid and are exported or dispatched shall be reattributed to the forecast supply balance and the aid granted shall be reimbursed by the exporter or consignor by the time of export or dispatch at the latest.

Those products may not be dispatched or exported until the reimbursement referred to in the first subparagraph has been made.

Where it is impossible to establish the amount of aid granted, the products shall be considered to have received the highest rate of aid fixed by the Community for such products during the six-month period preceding the submission of the application for export or dispatch.

Such products may benefit from an export refund, provided that the criteria for granting such a refund are met.

3.   The competent authorities shall authorise the export or dispatch of quantities of processed products other than those referred to in paragraph 2 and in Article 14 only where the processor or exporter certifies that the products concerned do not contain raw materials introduced under the specific supply arrangements.

The competent authorities shall authorise the re-export or re-dispatch of unprocessed products or packaged products other than those referred to in paragraph 2 only where the consignor certifies that those products have not benefited from specific supply arrangements.

The competent authorities shall carry out the necessary checks to ensure the accuracy of the certificates referred to in the first and second subparagraphs and shall, if necessary, recover the advantage.

Article 14

Traditional exports and traditional dispatches of processed products

1.   Processors who have declared, in accordance with Article 6(4), that they intend to export in the context of traditional trade flows or to dispatch in the context of traditional trade flows, as referred to in Article 5(2) of Regulation (EC) No 1405/2006, processed products containing raw materials which have benefited from specific supply arrangements may do so within the limits of the annual quantities indicated in the approved programme and presented in accordance with the specimen set out in the Annex to this Regulation. The competent authorities shall deliver the requisite authorisations in such a way as to ensure that transactions do not exceed those annual quantities.

2.   The export of products referred to in this Article shall not be subject to the presentation of an export licence.

CHAPTER IV

Checks and penalties

Article 15

Checks

1.   The administrative checks carried out on the, entry, export and dispatch of agricultural products shall be exhaustive and shall involve cross-checks with the documents referred to in Article 7(1).

2.   The physical checks carried out in the smaller islands on the, entry, export and dispatch of agricultural products shall involve a representative sample amounting to at least 5 % of the certificates presented in accordance with Article 8.

Physical checks shall be carried out, mutatis mutandis, in accordance with the procedures laid down in Council Regulation (EEC) No 386/90 (11).

In special cases the Commission may request that physical checks cover different percentages.

Article 16

Penalties

1.   Except in cases of force majeure or climatic aberrations, if an operator fails to comply with the requirements of Article 6, and without prejudice to any penalties applicable under national law, the competent authorities shall:

The advantage referred to in point (a) shall be equal to the amount of the aid determined in accordance with Article 13(2).

2.   Except in cases of force majeure or climatic aberrations, where holders of a certificate do not carry out the planned entry, their entitlement to apply for certificates shall be suspended for a period of 60 days following expiry of that certificate. After the suspension period, the issue of subsequent certificates shall be subject to the lodging of a security equal to the amount of the advantage to be granted during a period to be determined by the competent authorities.

3.   The competent authorities shall adopt the measures required to reutilise any quantities of products made available as a result of non-execution, partial execution or cancellation of the certificates issued or recovery of the advantage.

CHAPTER V

National provisions

Article 17

National management and monitoring rules

The competent authorities shall adopt the additional rules needed to manage and monitor the specific supply arrangements in real time.

They shall notify the Commission of any measures they intend to implement pursuant to the first paragraph, prior to the entry into force of those measures.

TITLE III

MEASURES TO ASSIST LOCAL PRODUCTS

CHAPTER I

Aid to assist local products

Article 18

Amount of aid

1.   The amount of aid granted under the measures to assist local agricultural production as provided for in Chapter III of Regulation (EC) No 1405/2006 shall be within the ceilings fixed in Article 12 of that Regulation.

2.   The conditions for granting aid, the lines of agricultural production and the amounts concerned shall be specified in the programme approved in accordance with Article 13(2) of Regulation (EC) No 1405/2006.

CHAPTER II

Aid applications and aid payment

Article 19

Submission of applications

Aid applications for a calendar year shall be submitted to the office designated by the competent authorities of Greece in accordance with the specimens drawn up by the latter and within the periods they have laid down. Those periods shall be fixed so as to allow time for the necessary on-the-spot checks and shall not run beyond 28 February of the following calendar year.

Article 20

Correction of manifest errors

An aid application may be rectified at any time after its submission where a manifest error is recognised by the competent authority.

Article 21

Late submission of applications

Except in cases of force majeure and exceptional circumstances, submission of an aid application after the time limit laid down in accordance with Article 19 shall lead to a 1 % reduction per working day in the amounts to which the beneficiary would have been entitled if the aid application had been lodged within the time limit. If the delay amounts to more than 25 calendar days, the application shall be considered inadmissible.

Article 22

Withdrawal of aid applications

1.   An aid application may be totally or partially withdrawn at any time.

However, where the competent authority has already informed the beneficiary of irregularities in the aid application or has given notice to the beneficiary of its intention to carry out an on-the-spot check and this check reveals irregularities, withdrawal shall not be authorised in respect of the parts of the aid application affected by those irregularities.

2.   Withdrawal under paragraph 1 shall return the claimant to the situation prior to submitting the aid application or part of the aid application in question.

3.   No later than 31 March of each year an analysis of aid applications withdrawn for the previous calendar year should be carried out to identify the main causes and potential trends at local level.

Article 23

Aid payments

After verifying the aid applications and relevant supporting documents, and calculating the amounts to be granted under the support measures provided for in Article 7 of Regulation (EC) No 1405/2006, the competent authorities shall pay the aid for a calendar year during the period:

CHAPTER III

Checks

Article 24

General principles

Verification shall be by administrative and on-the-spot checks.

Administrative checks shall be exhaustive and shall include cross-checks with, inter alia, data from the integrated administration and control system provided for in Chapter 4 of Title II of Regulation (EC) No 1782/2003.

On the basis of a risk analysis in accordance with Article 26(1), the competent authorities shall perform on-the-spot checks by sampling at least 5 % of aid applications. The sample must also represent at least 5 % of the amounts covered by the aid.

In all appropriate cases, Greece shall make use of the integrated administration and control system.

Article 25

On-the-spot checks

1.   On-the-spot checks shall be unannounced. However, provided that the purpose of the check is not compromised, advance notice limited to the strict minimum necessary may be given. Such notice shall not exceed 48 hours, except in duly justified cases.

2.   Where applicable, the on-the-spot checks provided for in this Chapter shall be carried out in conjunction with any other checks provided for by Community legislation.

3.   The aid application or applications concerned shall be rejected if beneficiaries or their representatives prevent an on-the-spot check from being carried out.

Article 26

Selection of beneficiaries to be subjected to on-the-spot checks

1.   Beneficiaries shall be selected to undergo on-the-spot checks by the competent authority on the basis of a risk analysis and the representativeness of the aid applications submitted. The risk analysis shall, as appropriate, take account of:

To provide the element of representativeness, Greece shall randomly select between 20 % and 25 % of the minimum number of beneficiaries to be subjected to on-the-spot checks.

2.   The competent authority shall keep records of the reasons why specific beneficiaries were selected for on-the-spot checks. The inspector performing the on-the-spot check shall be informed of those reasons before beginning the check.

Article 27

Inspection report

1.   Every on-the-spot check shall be the subject of an inspection report relating the details of the checks carried out. Reports shall indicate in particular:

2.   Beneficiaries or their representatives shall be given the opportunity to sign the report to attest their presence at the check and to add observations. Where irregularities are found the beneficiary shall receive a copy of the inspection report.

Where the on-the-spot check is carried out by remote-sensing, Greece may decide not to give the beneficiaries or their representatives the opportunity to sign the inspection report if no irregularities are revealed during the check by remote-sensing.

CHAPTER IV

Reductions and exclusions, and undue payments

Article 28

Reductions and exclusions

In the event of a discrepancy between the information declared in the context of aid applications and the findings of the inspections referred to in Chapter III, Greece shall apply reductions and exclusions to the aid. Those reductions and exclusions shall be effective and proportionate and shall act as a deterrent.

Article 29

Exceptions to the application of reductions and exclusions

1.   The reductions and exclusions provided for in Article 28 shall not apply where the beneficiary submitted factually correct information or can otherwise show that he or she is not at fault.

2.   The reductions and exclusions shall not apply with regard to those parts of the aid application which the beneficiary informs the competent authority in writing are incorrect or have become incorrect since it was lodged, provided that the competent authority has not already informed the beneficiary of its intention to carry out an on-the-spot check or of any irregularity in the application.

On the basis of the information given by the beneficiary as referred to in the first subparagraph, the aid application shall be rectified to reflect the actual situation.

Article 30

Recovery of undue payments and penalties

1.   In the event of undue payment, Article 73 of Commission Regulation (EC) No 796/2004 (13) shall apply mutatis mutandis.

2.   Where the undue payment has been made as a result of a false declaration, false documents or serious negligence on the part of the beneficiary, a penalty shall be imposed equal to the amount unduly paid, with interest calculated in accordance with Article 73(3) of Regulation (EC) No 796/2004.

Article 31

Force majeure and exceptional circumstances

Cases of force majeure or exceptional circumstances within the meaning of Article 40(4) of Regulation (EC) No 1782/2003 shall be notified to the competent authority in accordance with Article 72 of Regulation (EC) No 796/2004.

TITLE IV

GENERAL AND FINAL PROVISIONS

Article 32

Communications

1.   As regards the specific supply arrangements, the competent authorities shall send to the Commission, no later than the 15th day of the month following the end of each quarter, the following data relating to the previous months of the reference calendar year, by product and CN code and, where applicable, by individual destination:

The data provided for in the first subparagraph shall be supplied on the basis of the certificates utilised.

2.   As regards support for local production, Greece shall notify the Commission:

Article 33

Report

1.   The report provided for in Article 17(2) of Regulation (EC) No 1405/2006 shall contain inter alia:

2.   For 2007 the report shall contain an assessment of the impact, on stockfarming and on the agricultural economy in the smaller islands, of the aid programme for traditional activities relating to the production of beef and veal, sheepmeat and goatmeat.

Article 34

Amendments to programmes

1.   Amendments to programmes approved under Article 13(2) of Regulation (EC) No 1405/2006 shall be submitted to the Commission for approval.

However, such approval shall not be necessary for the following amendments:

2.   Greece shall notify the Commission once a year of the planned amendments. However, Greece may notify amendments at any time in cases of force majeure or exceptional circumstances. If the Commission has no objections to the planned amendments, they shall apply from the first day of the second month following that in which they were notified.

Article 35

Financing of studies, demonstration projects, training or technical assistance measures

The amount required to finance studies, demonstration projects, training and technical assistance measures provided for in a programme approved under Article 13(2) of Regulation (EC) No 1405/2006 for the purposes of implementing that programme may not exceed 1 % of the total amount of financing for the programme.

Article 36

Additional national measures

Member States shall take all the additional measures required to apply this Regulation.

Article 37

Reduction of advances

Without prejudice to the general rules on budgetary discipline, where the information transmitted by Greece to the Commission under Articles 32 and 33 is incomplete or the time limit for transmitting that information has not been complied with, the Commission may reduce advances on entry in the accounts of agricultural expenditure on a temporary and flat-rate basis.

Article 38

Repeal

Regulations (EEC) No 2837/93, (EEC) No 2958/93, (EC) No 3063/93, (EC) No 3175/94, (EC) No 1517/2002, (EC) No 1999/2002, and (EC) No 2084/2004, are hereby repealed with effect from 1 January 2007.

Article 39

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 265, 26.9.2006, p. 1.

(2)OJ L 260, 19.10.1993, p. 5. Regulation as last amended by Regulation (EC) No 2384/2002 (OJ L 358, 31.12.2002, p. 124).

(3)OJ L 267, 28.10.1993, p. 4. Regulation as last amended by Regulation (EC) No 1820/2002 (OJ L 276, 12.10.2002, p. 22).

(4)OJ L 274, 6.11.1993, p. 5. Regulation as last amended by Regulation (EC) No 780/2002 (OJ L 123, 9.5.2002, p. 32).

(5)OJ L 335, 23.12.1994, p. 54. Regulation as last amended by Regulation (EC) No 2119/2005 (OJ L 340, 23.12.2005, p. 20).

(6)OJ L 228, 24.8.2002, p. 12.

(7)OJ L 308, 9.11.2002, p. 11.

(8)OJ L 360, 7.12.2004, p. 19.

(9)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(10)OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(11)OJ L 42, 16.2.1990, p. 6.

(12)OJ L 270, 21.10.2003, p. 1.

(13)OJ L 141, 30.4.2004, p. 18.

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ANNEX

Maximum quantities of processed products which can be exported or dispatched annually from the smaller islands in the context of traditional consignments

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            COMMISSION REGULATION (EC) No 1915/2006

of 18 December 2006         

continuing prior Community surveillance of imports of certain iron and steel products originating in certain third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports and repealing Regulation (EC) No 518/94 (1), and in particular Article 11 thereof,

Having regard to Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83 (2), and in particular Article 9 thereof,

After consultations with the Advisory Committees,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 76/2002, as modified by Regulations (EC) No 1337/2002, (EC) No 2385/2002 and (EC) No 469/2005, is amended as follows:

Article 2

As regards release for free circulation in Bulgaria and Romania as of 1 January 2007 of the steel products covered by this Regulation and shipped before 1 January 2007, a surveillance document is not required provided that the goods have been shipped before 1 January 2007. The presentation of the bill of lading or another transport document deemed to be equivalent by the Community authorities proving the shipment date is required.

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

By derogation, Article 2 shall enter into force only subject to and on the date of the entry into force of the Treaty concerning the accession of Bulgaria and Romania to the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 December 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

----

(1)OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).

(2)OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation (EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1).

(3)OJ L 16, 18.1.2002, p. 3. Regulation as last amended by Regulation (EC) No 469/2005 (OJ L 78, 24.3.2005, p. 12).

(4)OJ L 195, 24.7.2002, p. 25.

(5)OJ L 358, 31.12.2002, p. 125.

(6)OJ L 78, 24.3.2005, p. 12.

(7)OJ L 229, 9.9.2000, p. 14. Regulation as last amended by Regulation (EC) No 1949/2005 (OJ L 312, 29.11.2005, p. 10).

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----

            COMMISSION REGULATION (EC) No 1916/2006

of 18 December 2006         

opening and providing for the management of Community tariff quotas for certain fish and fishery products originating in Albania

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1616/2006 of 23 October 2006 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, and for applying the Interim Agreement between the European Community and the Republic of Albania (1), and in particular Article 2 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   Products originating in Albania and listed in the Annex which are released for free circulation in the Community shall benefit from a reduced or a zero-rate customs duty, at the levels and within the limits of the annual Community tariff quotas specified in that Annex.

Those products shall be accompanied by proof of origin as provided for in Protocol No 4 to the Stabilisation and Association Agreement and to the Interim Agreement.

2.   Each Member State shall ensure that importers of the products referred to in paragraph 1 have equal and uninterrupted access to the tariff quotas as long as the balance of the relevant quota volume so permits.

Article 2

1   The tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

2   Communications relating to the management of tariff quotas between the Member States and the Commission shall be transmitted as far as possible, electronically.

Article 3

1.   The individual tariff quota volume for prepared or preserved anchovies referred to in the Annex under order No 09.1505 may be increased every year and for the first time for 2007 until the yearly volume of the quota has reached 1 600 tonnes or the parties agree to apply other arrangements.

2.   The annual increase referred to in paragraph 1 may be applied only if at least 80 % of the volume opened within the previous year has been used.

Article 4

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 December 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 December 2006.

For the Commission

László KOVÁCS            

Member of the Commission

----

(1)OJ L 300, 31.10.2006, p. 1.

(2)  Not yet published in the Official Journal.

(3)OJ L 239, 1.9.2006, p. 1.

(4)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 402/2006 (OJ L 70, 9.3.2006, p. 35).

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ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

FISH AND FISHERY PRODUCTS

----

(1)  From the 1st of January 2007 the yearly volume of the quota will be increased by 200 tonnes provided that at least 80 % of the previous year's quota has been used by 31 December of that year. This mechanism will apply until such time as the yearly volume of the quota has reached 1 600 tonnes or the Parties agree to apply other arrangements.

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            COMMISSION REGULATION (EC) No 1917/2006

of 19 December 2006         

amending Regulation (EC) No 1342/2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Articles 9(2) and 12(1) thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Articles 10(2) and 13(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1342/2003 is hereby amended as follows:

Article 2

This Regulation shall enter into force on 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1).

(3)OJ L 238, 1.9.2006, p. 13.

(4)OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

(5)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1713/2006.

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            COMMISSION REGULATION (EC) No 1918/2006

of 20 December 2006         

opening and providing for the administration of tariff quota for olive oil originating in Tunisia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 (1), and in particular Article 10(4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1291/2000, Regulation (EC) No 1345/2005 and Regulation (EC) No 1301/2006 shall apply without prejudice to the provisions of this Regulation.

Article 2

1.   A tariff quota, bearing order number No 09.4032 is opened in relation to imports into the Community of virgin olive oil falling within CN codes 1509 10 10 and 1509 10 90, wholly obtained in Tunisia and transported directly from that country to the Community, subject to the conditions laid down in this Regulation. The volume of the tariff quota shall be 56 700 tons. The rate of duty applicable shall be 0 %.

2.   The quota shall be opened from 1 January each year. For each year and without prejudice to the volume of the quota referred to in paragraph 1, import licences may be issued up to the following monthly limits:

By way of derogation from Article 7(4) of Regulation (EC) No 1301/2006, quantities not used in a month shall be added to the next month, but not to the month thereafter.

3.   For the purposes of calculating the quantity authorised for each month, where a week begins in one month and finishes in the following month, it must be considered as part of the month in which the Thursday falls.

Article 3

1.   By way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, applicants may lodge one import licence application each week, either on Monday or Tuesday. Weekly licence applications submitted by an applicant may not relate to a quantity exceeding the monthly limit set up in Article 2(2) of this Regulation.

2.   The Member States shall notify the Commission each week of the quantities for which licence applications have been lodged, on the working day following Tuesday. Notifications shall be broken down by CN code.

3.   Import licences shall be issued by the competent authorities of the Member States on the fourth working day following the end of the notification period provided for in paragraph 2.

4.   By way of derogation from Article 3(2) of Regulation (EC) No 1345/2005, the amount of the security shall be EUR 15 per 100 kg net.

Article 4

Regulation (EC) No 312/2001 is repealed.

Article 5

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 161, 30.4.2004, p. 97. Corrected version OJ L 206, 9.6.2004, p. 37.

(2)OJ L 97, 30.3.1998, p. 2. Agreement as last amended by Council Decision 2006/612/EC (OJ L 260, 21.9.2006, p. 1).

(3)OJ L 278, 21.10.2005, p. 3.

(4)OJ L 278, 21.10.2005, p. 1.

(5)OJ L 238, 1.9.2006, p. 13.

(6)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

(7)OJ L 212, 17.8.2005, p. 13.

(8)OJ L 46, 16.2.2001, p. 3. Regulation as last amended by Commission Regulation (EC) No 1721/2005 (OJ L 276, 21.10.2005, p. 3).

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 19 December 2006         

on the granting of the special incentive arrangement for sustainable development and good governance beyond 1 January 2007 to the Republic of El Salvador

(2006/978/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 9(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS DECISION:

Sole Article

The Republic of El Salvador shall continue to benefit from the special incentive arrangement for sustainable development and good governance provided for in Article 1 of Regulation (EC) No 980/2005, from 1 January 2007 to 31 December 2008.

This Decision is addressed to the Member States.

Done at Brussels, 19 December 2006.

For the Council

The President

J. KORKEAOJA            

----

(1)OJ L 169, 30.6.2005, p. 1.

(2)OJ L 337, 22.12.2005, p. 50.

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Acts adopted under Title V of the Treaty on European Union

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            POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2006

of 5 December 2006         

extending the mandate of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

(2006/979/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular the third paragraph of Article 25 thereof,

Having regard to Council Joint Action 2005/824/CFSP of 24 November 2005 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and, in particular, Article 9(1) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The mandate of Brigadier General Vincenzo COPPOLA is hereby extended as Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH), until 31 December 2007.

Article 2

This Decision shall take effect on the day of its adoption.

It shall apply until 31 December 2007.

Done at Brussels, 5 December 2006.

For the Political and Security Committee

The President

T. TANNER            

----

(1)OJ L 307, 25.11.2005, p. 55.

(2)OJ L 335, 21.12.2005, p. 58.

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            POLITICAL AND SECURITY COMMITTEE DECISION EUPT/2/2006

of 12 December 2006         

extending the mandate of the Head of the EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo

(2006/980/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,

Having regard to Council Joint Action 2006/304/CFSP of 10 April 2006 on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo (1), and in particular Article 6(2) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The mandate of Mr Casper Klynge as Head of the EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo is hereby extended until 31 May 2007.

Article 2

This Decision shall take effect on the day of its adoption.

It shall apply until 31 May 2007.

Done at Brussels, 12 December 2006.

For the Political and Security Committee

The Chairperson

T. TANNER            

----

(1)OJ L 112, 26.4.2006, p. 19. Joint Action as amended by Joint Action 2006/918/CFSP (OJ L 349, 12.12.2006, p. 57).

(2)OJ L 130, 18.5.2006, p. 42.

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